What are the Rajnesh v. Neha guidelines on maintenance?

Question

I have heard courts now follow the Rajnesh v. Neha judgment for deciding maintenance. What does this Supreme Court ruling actually require? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Hindu Marriage Act 1955, Section 24 is the starting point for this family law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

In Rajnesh v. Neha, the Supreme Court laid down guidelines to bring uniformity in maintenance proceedings arising under different statutes such as Section 144 BNSS, Section 24 of the Hindu Marriage Act and Section 20 of the Domestic Violence Act.

The judgment mandates both parties to file a comprehensive affidavit of disclosure of assets and liabilities in a prescribed format so that courts can assess the true financial position of each side.

It directs that where maintenance is granted under more than one statute, the court must account for and adjust any amount already awarded to avoid double payment for the same period.

The Court set criteria for determining the quantum of maintenance, including the status of the parties, reasonable needs, education and age of children, and the earning capacity of the claimant.

The guidelines also fix that maintenance should generally be awarded from the date of filing the application, unless the court records special reasons for awarding it from a later date.

What to do next: 1) File the disclosure affidavit in the format directed by the Supreme Court along with your maintenance application; 2) Disclose any maintenance already claimed or granted under a different statute to avoid overlapping claims; 3) Support the quantum sought with documentary proof of expenses, needs and standard of living; 4) Cite the Rajnesh v. Neha guidelines while arguing for a uniform and enforceable maintenance order.

If you are unsure whether your facts fall inside Hindu Marriage Act 1955, Section 24, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.